Speeding fine refunded then nothing heard

Car_54

Tothepoint. wrote: »

Section 87(1) doesn't carry points.

Really?

It does according to gov.uk https://www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-points
(LC20)

And confirmed by a law firm "Under s 87(1) of the Road Traffic Act 1988 it is an offence to drive a vehicle without a license appropriate to a vehicle of that class ...

If a driver is convicted of driving without a license then they will almost inevitably incur between three and six penalty points and can be fined up to £1000. The courts also have the power, exercised on a discretionary basis, to disqualify such a driver from holding or obtaining a license for a period of time."

http://www.roadtrafficexpert.com/no-insurance-licence-mot.html

But let's hope their grasp of the law is better than their spelling.

facade

Tothepoint. wrote: »

While factually correct that's just a play on words. As three points will class as aconviction for insurance and totting up purposes.

Indeed, but it is a play on legal words, not mine Accepting a fixed penalty is not an admission of guilt either, just an agreement to dispose of the matter outside of court.

However, my point was the OP has simply failed to meet the terms of the Fixed Penalty offer, so the offer has been rescinded, and the matter reverts to court, so revocation of the licence is not an issue.

I would take this over to Peppipoo, but usually it is possible to appear in court and ask for the same penalty as the original fixed penalty offered, if the reason for non-compliance is a technical one, and the OP acted in good faith.

Failure to meet terms imposed by the court can lead to revocation of the licence.

What we usually hear is that when someone gets their fixed penalty refunded, they assume that they have been "let off", somehow never receive the court summons, fail to show up in court and are convicted in their absence. They then get their licence revoked for not surrendering it for endorsement following the conviction that they didn't know about. (Usually when Court Appointed Bailiffs turn up for the fine) :eek:

Aretnap

Car_54 wrote: »

Really?

It does according to gov.uk https://www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-points
(LC20)

The actual law is in Schedule 2 of the Road Traffic Offenders Act

http://www.legislation.gov.uk/ukpga/1988/53/schedule/2

Driving otherwise than in accordance with a licence (RTA s87) is endorseable only "where the offender’s driving would not have been in accordance with any licence that could have been granted to him". In other words it carries points if you are not in a position to hold a licence to drive that sort of vehicle at all, for example because you've never passed a test, or because you're unable to get a licence for medical reasons. If the only reason you don't have a licence is because you haven't sent the right bits of paper to the DVLA then it's treated more as an administrative offence, and comes with a fine only.

(It's not especially relevant though, because the OP won't be getting her licence revoked)

Dolly123

Hi thanks for your reply, no I've been driving 15 years and I've not moved in the last 3 years, I did send my licence off with all good intentions never did it occur to me that they wouldn't apply both sets of points whilst they had my licence it was completely accidental.

rich13348 wrote: »

Dont worry about Tothpoints comments they obviously revel in others misfortune.

Your licence will only be revoked if you are a new driver of less than 2 years and you get 6 points within those 2 years. That is the only way you the DVLA will revoke your licence.

It may take some time for your court date to be assigned. Try phoning again a and ask if you have a court date yet. Have you moved house between September and now. If so did you change your address on both V5C for your car and your drivers licence? Did you set up a mail redirect to get any mail you may be sent if they don't do another check for address.

If it does go to court you may find you will be charged court fees and other victim charges or something along those lines and you may even get a more substantial fine. This is worst case scenario. Ask the judge for leniency if you get that far.

facade

They have upto 6 months from the date of the offence (the speeding since you admitted who was driving) to lay papers before the Court, and then it can be 2 or 3 weeks more before you hear anything.

Rover_Driver

Car_54 wrote: »

Really?

It does according to gov.uk https://www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-points
(LC20)

The gov.uk website only gives general advice, often, as in this case, not that accurate, and should not be relied on without reference to the relevant legislation.

Tothepoint.

Car_54 wrote: »

Really?

It does according to gov.uk https://www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-points
(LC20)

And confirmed by a law firm "Under s 87(1) of the Road Traffic Act 1988 it is an offence to drive a vehicle without a license appropriate to a vehicle of that class ...

If a driver is convicted of driving without a license then they will almost inevitably incur between three and six penalty points and can be fined up to £1000. The courts also have the power, exercised on a discretionary basis, to disqualify such a driver from holding or obtaining a license for a period of time."

http://www.roadtrafficexpert.com/no-insurance-licence-mot.html

But let's hope their grasp of the law is better than their spelling.

Yes, look it up for yourself.

Dolly123

I still havent heard a thing......?

shaun_from_Africa

Dolly123 wrote: »

I still havent heard a thing......?

It might be worth doing a check of your licence information here:
https://www.gov.uk/view-driving-licence
This will show any points or disqualifications.

Dolly123

I've just checked and there is still only 3 points not 6, its over a year since the original offence (18th feb) and 6 months since the money was refunded into my account (10th sept)